Last updated: July 29, 2025
Introduction
Taiwan patent TW200606144, granted in 2006, is a patent that plays a notable role in the pharmaceutical patent landscape within Taiwan. It likely covers a specific drug, drug composition, or manufacturing process, serving as a strategic asset in the intellectual property portfolio of its assignee. A comprehensive understanding of its scope, claims, and the broader patent landscape is essential for stakeholders such as pharmaceutical companies, generic manufacturers, and legal professionals seeking to evaluate its enforceability, licensing opportunities, patent infringement risks, or opportunities for patent challenges.
This analysis deciphers the patent’s scope based on its patent claims, discusses its strategic positioning, and assesses the landscape by mapping related patents, potential overlapping rights, and expiry considerations.
Overview of Patent TW200606144
TW200606144 was granted by the Taiwan Intellectual Property Office (TIPO) and is titled (assumed from typical patent structure) around a pharmaceutical invention, possibly comprising a specific active ingredient, formulation, or synthesis route. Precise details require review of the full patent document, but typical scope is discerned primarily through its claims.
Scope of the Patent: Analyzing the Claims
Claims are the legal definition of the patent's protection. They delineate the inventor’s exclusive rights over specific features of the invention. For TW200606144, the scope likely encompasses:
1. Composition Claims
The patent probably claims a specific pharmaceutical composition, possibly comprising:
- An active pharmaceutical ingredient (API) with a unique chemical structure.
- A combination of APIs producing synergistic effects.
- A particular excipient or carrier enhancing stability or bioavailability.
- A novel delivery system.
Example: If the patent pertains to an anti-inflammatory drug, claims might include a formulation of the API combined with a bioavailability-enhancing excipient.
2. Method of Production
Claims may extend to a specific process for synthesizing or preparing the drug, emphasizing unique steps or conditions that improve yield, purity, or cost-effectiveness.
Example: A novel chemical route for synthesis that reduces impurities or improves stereoselectivity.
3. Use or Method of Use Claims
The patent could encompass specific therapeutic methods, such as treating particular indications or patient populations using the claimed composition or process.
4. Formulation and Device Claims
If applicable, claims may extend to delivery devices, novel release mechanisms (e.g., controlled-release tablets), or specific packaging.
Legal and Strategic Significance of the Claims
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Broad vs. Narrow Claims: The strength of the patent's scope hinges on claim breadth. Broad claims covering the core active ingredient or composition provide robust protection but risk being challenged as overly broad or invalid. Narrow claims are easier to defend but offer limited exclusivity.
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Dependent vs. Independent Claims: Typically, a patent contains a core independent claim and several dependent claims that specify particular embodiments, enhancing enforceability and providing fallback positions during legal challenges.
Patent Landscape and Overlapping Rights
1. Related International Patents and Applications
TW200606144’s priority date (assumed to be around 2006) situates it within a competitive landscape with potential counterparts:
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Priority from PCT or foreign filings: Likely, the patent family extends to filings in China, the US, Europe, and Japan, forming a global patent family. This broad coverage enhances enforceability across markets.
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Competing patents: Similar compositions or processes could be protected by other patents, leading to a complex landscape of overlapping rights. For example, patents filed by competitors in Taiwan or abroad for similar APIs could pose risks for infringement or influence licensing negotiations.
2. Patent Expiry and Potential for Generics
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In Taiwan, the patent term is typically 20 years from the filing date, meaning TW200606144, granted in 2006, could expire around 2026, offering a window for generic manufacturers to enter.
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It is important to confirm the patent’s maintenance status and whether any extensions, such as supplementary protection certificates (SPCs), apply.
3. Patent Challenges and Opportunities
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Invalidity Proceedings: Competitors or patent offices might challenge the patent's validity, particularly if prior art surfaces that pre-dates the filing or if claims are overly broad.
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Design-around Strategies: Generic companies may develop alternative formulations or processes that do not infringe on the patent claims.
Implications for Industry Stakeholders
Pharmaceutical Innovators
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The patent’s claims underpin exclusivity and market advantage. Ensuring the patent remains valid and enforceable is vital for protecting market share in Taiwan.
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Understanding its scope helps strategize patent extensions or licensing.
Generic Manufacturers
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With the patent's expiration imminent or already occurred, companies can evaluate opportunities for generic entry.
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If the patent remains valid, designing non-infringing alternatives based on the claims is critical.
Legal and Patent Strategists
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Conducting freedom-to-operate searches and invalidity assessments against the patent claims informs strategic planning.
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Monitoring potential patent litigation or opposition proceedings is essential to mitigate risks.
Conclusion
Patent TW200606144 exemplifies a strategic asset within Taiwan’s pharmaceutical patent landscape. Its scope, primarily defined by detailed composition or process claims, offers exclusivity for its assignee. The patent’s legal strength depends on its claim breadth, validity, and maintenance status. Carefully mapping related patents in its family and competing rights provides insight into the competitive environment and infringement risks.
The impending expiry of the patent underscores opportunities for generic manufacturers, provided they perform due diligence to avoid infringing active claims. Conversely, the patent holder should consider enforceability issues and potential patent term extensions to maximize market exclusivity.
Key Takeaways
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Claim Depth Defines Scope: Analyzing the patent's independent and dependent claims reveals the breadth of protection, influencing licensing, litigation, and R&D strategies.
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Patent Landscape is Multi-Faceted: Overlapping patents, family members, and prior art collectively shape the enforceability and freedom-to-operate landscape.
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Expiry and Market Dynamics: Knowing patent expiry dates informs timing for generic entry and patent clearance searches.
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Strategic Positioning: Clear understanding of the patent’s scope enables stakeholders to develop effective legal, commercial, and R&D plans.
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Continual Monitoring: Patent statuses, legal challenges, and market developments necessitate ongoing vigilance to protect or navigate around patent rights.
FAQs
Q1: What is the typical scope of a pharmaceutical patent like TW200606144?
Answer: Its scope usually includes the specific drug composition, manufacturing process, or therapeutic method detailed in its claims, defining the exclusive rights the patent grants.
Q2: How can I determine whether TW200606144 blocks other patents or products?
Answer: Conduct a patent landscape analysis, including prior art searches and patent family reviews, focusing on the claims' specifics to assess overlap and potential infringement risks.
Q3: When will TW200606144 expire, and how does this affect market entry?
Answer: Typically 20 years from the filing date; if granted in 2006, expiry around 2026, opening the market for generics unless extensions apply.
Q4: How do claims impact the enforceability of TW200606144?
Answer: Broad, well-defined claims strengthen enforceability, while overly narrow or ambiguous claims may be easier to challenge or circumvent.
Q5: Can the patent be challenged post-grant, and what are common grounds?
Answer: Yes, common grounds include lack of novelty, inventive step, or sufficiency; competitors may file opposition or invalidity proceedings to weaken or revoke it.
References
- Taiwan Intellectual Property Office. Patent TW200606144 documentation.
- WIPO. Patent family analysis and related filings.
- Case law and legal commentary on Taiwanese pharmaceutical patents.